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THE NICHOLAS COLIN OLIVIER WATNEY FRAUD CASE : REPORT NO. 17

                    Michael Mundia Kamau
                    C/O Barclays Advisory and
                    Registrar Services Limited
                    P.O. Box 30120
                    00100 GPO
                    Nairobi

                    10th May 2004

On Tuesday, 27th April 2004, the Head of Registrar Services asked me to see Mr. George Otieno first thing in the morning the following day i.e. Wednesday morning, 28th April 2004

At 8.24 a.m. on Wednesday morning, 28th April 2004, I called Mr. Otieno on his cell phone from my cell phone, to ask him whether I could come and see him, and he said yes. I then went to Mr. Otieno’s Market Branch office where he and I meet for about 45 minutes between 9.55 a.m. and 10.40 a.m. Mr. Otieno told me that Dr. Harrop and Mr. Shah could now be apprehended because of the available evidence in the form of the forged documents purportedly submitted by Suresh Jasraj Seth, holder of EABL shares account No. XXXXXXXX, on Friday, 23rd April 2004. Mr. Otieno told me that I arrange for a meeting between myself and either Dr. Harrop or Mr. Shah, for either of them to explain to me how I would get my “share” of the proceeds. I told Mr. Otieno that I would do this the next time either one of them got in touch with me.

On Tuesday, 4th May 2004, Dr. Harrop called me on my cell phone at 10.30 a.m. in the morning, from the local cell phone number that he and I use to communicate i.e. 0721 569296. Dr. Harrop told me that he was in Kenya for 10 days in which time he hoped that he and I could meet. Dr. Harrop also wanted to know the status on the dividend replacement cheque for Suresh Jasraj Seth, holder of EABL shares account No. XXXXXXXX given that the documents for dividend cheque replacement had been lodged on Friday, 23rd April 2004. Dr. Harrop was concerned that the matter was dragging despite a reminder he i.e. “Suresh Jasraj Seth”, had sent by e-mail, but was yet to receive a response. Dr. Harrop told me that there was still work to be done like opening a bank account where the cheque would be deposited. I told Dr. Harrop that I would check the position and call him with an answer on Thursday, 6th May 2004. I then called Mr. Otieno on his cell phone from my cell phone, at 10.38 a.m. on Tuesday, 4th May 2004 to notify him of my discussion with Dr. Harrop. Mr. Otieno asked me to call him on his direct line i.e. XXXXXX. I did this at 10.41 a.m. on Wednesday, 4th May 2004. Mr. Otieno told me he would he would discuss the matter with the Head of
Registrar Services.

I again called Mr. Otieno on his direct line from Barclays Advisory and Registrar Services extension 4125 at 3.53 p.m. on Wednesday, 5th May 2004 and he told me that he had spoken to the Head of Registrar Services. On Thursday morning, 6th May 2004 at 8.38 a.m., I called Mr. Otieno on his direct line from Barclays Advisory and Registrar Services extension 4125, to notify him that I was about to call Dr. Harrop. Mr. Otieno told me to tell Dr. Harrop that the replacement cheque for Suresh Jasraj Seth, was being
processed. Mr. Otieno also reminded me to stick to the plan he and I had discussed on 28th April 2004 i.e. tell Dr. Harrop that he and I needed to meet for him to tell me how I would get my “share” of the proceeds.

I then sent Dr. Harrop an SMS on his cell phone from my cell phone at 8.40 a.m. on Thursday, 6th May 2004. The exact wording of the SMS was “Please call me”. Dr. Harrop called me on my cell phone from his cell phone at 8.46 a.m. on Thursday, 6th May 2004, and we had a discussion for five minutes, 11 seconds. I told Dr. Harrop that “Suresh Jasraj Seth’s” replacement cheque was being processed, and should be ready approximately two weeks from 6th May 2004. Dr. Harrop told me that the Head of Registrar Services had replied to “Suresh Jasraj Seth’s” e-mail. Dr. Harrop also told me that Mr. Shah would be flying into the country on Monday night, 10th May 2004 and that he and Mr. Shah would be having dinner on Tuesday night, 11th May 2004. I told Dr. Harrop that he and I needed to meet for him to tell me how I would get my “share” of the proceeds. Dr. Harrop told me he didn’t have a problem with this, and suggested that we meet on Monday evening, 10th May 2004. After Dr. Harrop and I concluded our discussion, I called Mr. Otieno on his direct line from Barclays Advisory and Registrar Services extension 4118 at 9.06 a.m. on Thursday, 6th May 2004, to notify him.

Dr. Harrop called me again at 2.23 p.m. on Thursday, 6th May 2004 to suggest that we meet briefly in the evening on 6th May 2004, for him to show me the “chart” on how the proceeds from the replacement dividend cheque of Suresh Jasraj Seth would be divided. Dr. Harrop also told me he wanted to show me some other unspecified documents. I told Dr. Harrop that his notice was too short and told him that we stick to our initial appointment of Monday, 10th May 2004. Dr. Harrop accepted this.

I then tried calling Mr. Otieno at 2.28 p.m. on Thursday, 6th May 2004 to notify him of Brian’s call of 2.23 p.m., Thursday, 6th May 2004, but could not get through. I therefore sent Mr. Otieno an SMS at 2.44 p.m. on Thursday, 6th May 2004, whose exact wording was “George, This is Mundia Kamau. Brian called me this afternoon 06/05/2004 at 2.23 p.m. & suggested that we briefly meet this evening 06/05/2004 for him to show me some documents. I told him I had a tight schedule & that we stick to our planned meeting of Monday, 10/05/2004.”

I called Mr. Otieno on his direct line from Barclays Advisory and Registrar Services extension 4125 at 4.07 p.m. on Thursday, 6th May 2004 to ask him whether he got my SMS, and he said that he had. Mr. Otieno further told me that he was in meeting and would call me back.

Mr. Otieno did not call me back, so I again called him on his direct line from Barclays Advisory and Registrar Services extension 4125 at 8.40 a.m. on Friday, 7th May 2004. Mr. Otieno told me that I should stick to my original appointment with Dr. Harrop of Monday evening, 10th May 2004.

On Monday morning, 10th May 2004 at 9.40 a.m., I sent Dr. Harrop an SMS, whose exact wording was “This evening ? Same place, same time ?” i.e. Do we meet this evening, 10th May 2004, at 6.00 p.m. at the first floor lounge of The Stanley Hotel ? Dr. Harrop replied by SMS at 9.42 a.m., Monday 10th May 2004, with the message “Yep, See you 6’ish.”

I then called Mr. Otieno on his direct line from Barclays Advisory and Registrar Services extension  4118 at 9.50 a.m. on Monday, 10th May 2004, to notify him.


Michael Mundia Kamau


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